Kanhaiya Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1517 of 2015 ======================================================

1. Kanhaiya Prasad Singh Son of Late Gupteshwar Prasad Singh, Resident of Ashok Nagar Pokhariya, Ward No. 36, Begusarai, P.S. & DistrictBegusarai. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3. Municipal Corporation, Begusarai through its Chief Executive Officer, Municipal Corporation, Begusarai, District- Begusarai.

4. Municipal Commissioner, Municipal Corporation, Begusarai.

5. Dr. Shailendra Sinha, Son of Late Umesh Chandra Sinha, Resident of Ashok Nagar Pokhariya, Ward No.36, Begusarai, P.S. & DistrictBegusarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh, Adv. For the Respondent/s : Mr. Anshuman Singh, GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05-08-2015 The petitioner is aggrieved by the order dated 12.12.2014 passed by the Municipal Commissioner, Begusarai in Case No. 15 of 2014-15 whereby the allegation made by the petitioner against the respondent No.5 of making constructions in contravention of the municipal laws, has been rejected.

In view of the statutory provisions underlying Section 323(3) of the Bihar Municipal Act, 2007(hereinafter referred to as 'the Act'), the order under challenge is appealable before the Municipal Building Tribunal appointed under section 329 of 'the Act' and the petitioner shall be well advised to exhaust the alternative remedy so available to him in law.

The writ petition is disposed of.

Bibhash/- (Jyoti Saran, J) U